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Encyclopedia > Natural justice

Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. The concept is very closely related to the principle of natural law (latin: jus naturale) which has been applied as a philosophical and practical principle in the law in several common law jurisdictions, particularly the UK and Australia.[1] Justice is a concept involving the fair and moral treatment of all persons, especially in law. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Natural law or the law of nature (Latin lex naturalis) is a law whose content is set by nature, and that therefore has validity everywhere. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


According to Roman law certain basic legal principles are required by nature, or so obvious that they should be applied universally without needing to be enacted into law by a legislator. The assertion in the United States' Declaration of Independence, "We hold these truths to be self-evident," expresses some of this sentiment. The rules or principles of natural justice are now regularly applied by the courts in both common law and Roman law jurisdictions. Natural justice operates on the principles that man is basically good, that a person of good intent should not be harmed, and one should treat others as one would like to be treated.[2] Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Roman law is the legal system of ancient Rome. ... ζōA legislator is a person who writes and passes laws, especially someone who is a member of a legislature. ... U.S. Declaration of Independence The Declaration of Independence is the document in which the Thirteen Colonies declared themselves independent of the Kingdom of Great Britain and explained their justifications for doing so. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Roman law is the legal system of ancient Rome. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...


Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:

  • A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges).
  • A person making a decision should declare any personal interest they may have in the proceedings.
  • A person who makes a decision should be unbiased and act in good faith. He therefore can not be one of the parties in the case, or have an interest in the outcome. This is expressed in the latin maxim, nemo judex in sua causa: "no man is permitted to be judge in his own cause".
  • Proceedings should be conducted so they are fair to all the parties - expressed in the latin maxim audi alteram partem: "let the other side be heard".
  • Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party.
  • A decision-maker should take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations.
  • Justice should be seen to be done. If the community is satisfied that justice has been done, they will continue to place their faith in the courts..[3]

In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... Bias has several different meanings, most relating to an offset or prejudice of some sort. ... Good faith, or in Latin bona fides, is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct, even if the conviction is objectively unfounded. ... Nemo judex in sua causa is a Latin term which describes the principle of natural justice that no person can judge a case in which he or she is a party. ... Audi alteram partem (or Audiatur et altera pars) is a Latin phrase that means, literally, hear the other side or hear both sides. ...

Notes and references

  1. ^ See, e.g., "Natural Justice and Procedural Fairness" (.pdf file)
  2. ^ Michael Brogan,Wayne Gleeson, Tony Foley, Veronica Siow and Therese Ejsak, Heinemann Legal Studies p12-13
  3. ^ Ken Binmore, Natural Justice, Oxford University Press, 2005 [1]

Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links This is a lossless scalable vector image. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This article needs additional references or sources for verification. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or continental law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ... Law and economics, or economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      Bureaucracy means political rule of offices. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

See also

  • Natural law
  • Natural Justice is a not-for-profit organisation which provides communities with a range of legal expertise to promote their involvement in protecting and managing the environment. According to the principle that any person who will be affected by a decision should be involved in the decision making process, Natural Justice puts communities at the heart of implementing the Convention on Biological Diversity, its related international instruments and domestic laws.

  Results from FactBites:
 
Justice - Wikipedia, the free encyclopedia (927 words)
Justice in some form or another affects all things in the universe; in the context of human actions, it means according individuals or groups what they actually deserve or merit, or are in some sense entitled to (classic Latin concept of unicuique suum).
Justice, however, is a universal and absolute concept; laws, principles, religion, etc., are merely attempts to codify the concept -- occasionally with results that entirely contradict the true nature of justice.
Justice (in both senses) is part of the debate regarding moral relativism and moral objectivism.
Natural Justice - Wikipedia, the free encyclopedia (125 words)
Natural Justice is a charity that does research on the causes of criminal behavior, and especially on the related effects of nutrition.
Natural Justice carried out an experiment in the Aylesbury Prison for young offenders.
In this study, published in 2002, inmates were randomly assigned to receive either a dietary supplement or a placebo.
  More results at FactBites »


 

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